Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 491-500 of 501

SCC Deals with Falling Trees; Falling Leaves

May 19, 2011

MT Insurance Law Blog

The Supreme Court of Canada released two leave to appeal judgments today of interest. One application for leave was granted. The other was dismissed: In Allstate v. Primmum, a resident of Ontario was injured when he was struck by a...

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All Four Areas of Function Must Be Assessed Under Section 2(1.1)(g) – CAT Impairments

May 16, 2011 | Anna-Marie Musson

MT Insurance Law Blog

The Divisional Court has just released its decision in Pastore and Aviva Canada Inc. Anna Pastore was involved in a car accident on November 16, 2002.  She suffered a fractured left ankle.  She had numerous surgeries and ultimately applied for...

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Invasion of Privacy Tort could Cause Insurers New Headaches

May 11, 2011

MT Insurance Law Blog

Ontario’s Court of Appeal will rule on whether there is a common law tort for invasion of privacy in the province. The case under appeal is called Jones v. Tsige (March 23, 2011). Sandra Jones and the Winnie Tsige worked...

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Sony Data Breach Raises Insurance Issues

May 6, 2011

MT Insurance Law Blog

On April 19, 2011, Sony suffered a massive breach in its video game online network that led to the theft of names, addresses and possibly credit card data belonging to 77 million user accounts. The company could not rule out...

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Girlfriend’s evidence can be “corroborative” under OPCF 44R

May 3, 2011

MT Insurance Law Blog

The Ontario Court of Appeal released a decision today discussing the meaning of “other material evidence” and “independent witness evidence” under the OPCF 44R (Family Protection Endorsement). In Pepe v. State Farm, Massimo Pepe was injured in a single-car accident.  Shirley Aguirre,...

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Limitations Act Does Not Apply to Priority Disputes

May 2, 2011 | Anna-Marie Musson

MT Insurance Law Blog

Markel and Co-operators (March 31, 2011 – Samis) Markel had not commenced arbitration within one year.  It argued that the Limitations Act applies and not Ontario Regulation 283/95. Section 7 of Ontario Regulation 283/95 requires the insurer to initiate arbitration...

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Public Transit Motor Vehicle Accidents about to Become Non-Accidents

May 2, 2011

MT Insurance Law Blog

UPDATE — Bill 173 received Royal Assent on May 12, 2011. Accordingly, these important changes to the Insurance Act are now in effect. On March 29, 2011, the Ontario Legislature unveiled its pre-election budget, in Bill 173, otherwise known as the...

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Judge Disagrees with Beasley — Finds Rule 53.03 Doesn’t apply to IE assessors in Tort Action

April 27, 2011

MT Insurance Law Blog

On April 9, 2010, Mr. Justice J.P. Moore held in Beasley v. Barrand that the tort defendant could not call experts retained by the accident benefit insurer to give opinion evidence at trial because their reports did not comply with Rule...

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Court Finds Coverage under OPCF 44R

April 21, 2011

MT Insurance Law Blog

This week’s Ontario Reports contained an interesting coverage decision involving Ontario’s Family Protection Endorsement and claims against the Motor Vehicle Accident Claims Fund. In Graham v. Superintendent of Financial Services Commission of Ontario (2010 ONSC 7129), Christine Graham was riding her bicycle...

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Do Not Combine (e) and (f) – Recommends FSCO Expert Panel

April 16, 2011 | Anna-Marie Musson

MT Insurance Law Blog

FSCO formed the “Catastrophic Impairment Expert Panel” to study and make recommendations on the definition of catastrophic impairment.  Their preliminary report was released on April 15, 2011.     The panel reported that combining physical and mental/behavioural conditions cannot be achieved...

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Displaying 491-500 of 501

Disclaimer

The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.